New Delhi: The Supreme Court Tuesday directed AIIMS New Delhi to defer the medical termination of the 26-week pregnancy of a married woman who was allowed by another bench of the apex court to abort the foetus a day before.
On Monday, a bench comprising justices Hima Kohli and BV Nagarathna allowed the petitioner, a mother of two, to go ahead with medical termination of pregnancy. The bench noted that the woman was suffering from depression and was not in a position to raise the child, emotionally, financially and mentally.
On Tuesday, additional solicitor general Aishwarya Bhati, representing the Centre, urged the apex court to recall the order passed by a bench headed by Justice Kohli. Bhati said the medical board had said that the foetus had a viable chance of being born and they would have to conduct a foeticide. A bench headed by Chief Justice of India (CJI) D Y Chandrachud asked Bhati to come up with a formal application for recall of the order.
“We will place before the bench which passed the order. The AIIMS doctors are in a very serious dilemma… Please ask AIIMS to hold for now,” said the bench led by CJI. On Monday, the apex court had said that the court recognizes the right of a woman over her body and the fact that if an unwarranted pregnancy results in a child being brought into the world, a large part of the responsibility of rearing such a child will fall on the shoulder of the petitioner.
On October 5, the apex court asked AIIMS, New Delhi, to constitute a medical board to assess the medical condition of the woman, who was then over 25 weeks pregnant. The woman moved the apex court to allow her to terminate her pregnancy citing medical grounds.
